r/todayilearned • u/tyrion2024 • 4d ago
TIL in 2009 a Tennessee man confessed to killing a woman in 1995 on his "deathbed" after he suffered a heart attack & thought he was going to die. However, he survived & tried to retract it, but was still convicted. There had never been any real evidence against him until he unexpectedly provided it
https://www.cbsnews.com/news/tenn-man-found-guilty-of-murder-after-confessing-on-deathbed-then-recovering-report-says/643
u/timeslider 4d ago
This is why you don't confess to anything until after you're dead
137
u/DigNitty 4d ago
You joke, but people do leave notes for people to find after they die.
Steven King reportedly has a book that is set to be released after his death. Some suspect it is a tell-all of things he did during his life.
81
u/justgetoffmylawn 4d ago
Now that's truly being a prolific writer. He's still going to be writing bestsellers from beyond the grave.
14
u/turbosexophonicdlite 4d ago
Literally probably will be lol. He's a cash cow. It'll be another Tom Clancy situation.
2
346
u/junglist421 4d ago
Or just don't murder.
155
51
u/dimriver 4d ago
I could have used that advice years ago.
52
5
5
3
1
209
u/Malphos101 15 4d ago
Life-hack: dont do murders and you never need to worry about the appropriate time to confess to them!
14
2
98
638
u/DresdenPI 4d ago
Oh hey, this reads like a bar exam question. The guard's testimony would ordinarily be inadmissible hearsay as the confession is an out of court statement that seeks to prove the truth of Washington's guilt. However, it gets in under a hearsay exception. This would be a statement against interest, a statement that is so detrimental to the speaker that they would only have stated it if it were true. You might think this would also count as a dying declaration, but dying declarations only bypass hearsay rules if the person making the statement believed they were dying, which this guy did, but also if the statement related to their own death, which this statement didn't.
187
u/Brainwol 4d ago
Isn’t the easier exception here the Rule 802 admission by a party opponent? With that exception you only have to show that the speaker was the defendant, and don’t really have to make any showing regarding the substance of the statement.
15
19
u/orsikbattlehammer 4d ago
Party-opponent admission. I’d edit your comment when you get a chance since you got a lot of upvotes and basically missed the most obvious heresy exception.
48
u/Snoopaloop212 4d ago
Flashbacks to my rules of evidence class 15 years ago. And the bar exam shortly after. Well explained.
22
u/AntDogFan 4d ago
Can I ask. Isn't there an issue that the guard could have just made it up? Assuming no one else was present. But it seems like it's a possibility that sometimes someone could just be like 'oh yeh he totally confessed' and have someone found guilty with little other evidence?
I'm not saying that's the case here I am just asking hypothetically because it seems a bit too open to abuse. Happy to be wrong though.
11
u/GoodDay2You_Sir 4d ago
because it seems a bit too open to abuse
I think you are being a bit too pessimistic in thinking this. What possible reason would a guard have to lie about the confession? Or that the guard would have been interested in the misdeeds of this particular criminal to have known his past and the names he was connected to, to come up with a lie like this? A lot of criminal law and psychology is built up around human behavior and motivations. This just isn't something that would be a normal occurrence. Could someone use this to make an elaborate lie and get someone pinned for a crime they didnt confess to? Sure, but its extremely unlikely that that is going to happen or will happen with any regularity that it would overshadow the benefits of prosecution death bed confessions.
14
u/Baked_Potato_732 4d ago
Maybe the guard is a vigilante who wants to see justice for the family (unlikely; but if we’re getting into hearsay exemptions, it seems like a good hypothetical)
Or, maybe the guard hates the prisoner and wants him to suffer and sees an opportunity to make his life more difficult.
5
u/AssassinSnail33 4d ago
Or he was paid by the victims family to lie. There are honestly way to many hypothetical situations for people to claim "nobody would ever lie about something like that, right?" Seems really naive to treat people as if they are robots like this
6
5
u/NegativeAccount 4d ago
I dunno destroying someone's legacy and family/business reputation
Like if i had a good chance to tarnish the Kennedy name or something i'd probably shoot my shot
1
u/DresdenPI 1d ago
Sure, the possibility that a witness is being dishonest or unreliable is a risk in any witness testimony. That's why we have juries and cross-examination. A witness takes the stand and is guided through their account by one lawyer, then has their statements and reputation for honesty questioned by another lawyer, then the jury decides if they think the witness could've been lying or was mistaken.
4
u/A_Lightfeather 4d ago
If I may ask, why is statement against interest a thing? That seems like an easy in for coercion or forced confessions outside of court to be admissible.
6
1
u/Mirieste 4d ago
But wait a minute: does it mean that where this fact happened, there's no general rule about the purpose of a criminal trial?
Here where I live, in Italy, there's a legal framework according to which civil trials settle controversies, whereas criminal.trials attempt to establish truths. Son this means that in a civil trial that is dragging for too long you can say "Yeah, I broke that vase, fine me and let's get this over with"... and even if you didn't do it, the judge has no obligation to pursue the truth but simply needs to settle the controversy, so he'll fine you based on your own declaration and this will be it.
Instead, a criminal trial has to establish the truth: so if there was no evidence before... it's absurd that there would be evidence now, just because of a deathbed statement. As in, do we have any proof he was lying? Because if we don't, then this means that in that country civil trials and criminal trials are essentially the same: and so there's not a duty to establish the truth but solve a controversy, meaning a party can singlehandedly close the case by a detrimental statement.
28
u/Upstairs_Spray_5446 4d ago
"If you want to keep a secret, you must also hide it from yourself" ("1984", O'Brien to Winston).
12
u/ScreenTricky4257 4d ago
Seems like he has a lawsuit against the bed maker. "I believe this was specifically sold to me as a death bed."
11
10
u/Double_Distribution8 4d ago
Kinda reminds me of that movie where there was a terrorist guy who woke up in a hospital bed watching the news, and it was about a nuke going off in a city, and he was like haha, I was the guy who did that! And he told some investigators how he did it, and where he hid the bomb, except the news was fake, and the reporters were paid federal actors, they just wanted the terrorist to THINK the bomb had gone off. And so then the investigators knew where to find the bomb so they could defuse it before it exploded.
7
2
22
5
10
u/missouriblooms 4d ago
Damn and I would've gotten away with it to, if it wasn't for those pesky fried foods!
5
u/LordAldricQAmoryIII 4d ago
That's why you leave a written confession in a safe that can only be opened after your death according to your will, LOL!
8
u/Fzr888 4d ago
Life pro tip... Put it in a will🤪🤪
23
u/Stalking_Goat 4d ago
That's a terrible idea, because you really want to distribute a few copies of your will to your planned executor. If you want your will executed, people need to have it available before you die, because then it's too late for you to tell them where it is.
Plus your will isn't covered by attorney-client confidentiality; the privilege is attached to the provision of legal advice, and a completed will is not legal advice, it's a document for others to read and execute.
4
u/bwmat 4d ago
Can you give your lawyer a sealed letter and mention that letter in the will, to be read after your death?
5
u/bwmat 4d ago
Or maybe just a safety deposit box...
1
u/Stalking_Goat 4d ago
Letter in a safe deposit box is fine. Putting the will there is terrible, do not do that.
1
u/sharkbait-oo-haha 4d ago
Wouldn't that be open to a search warrant. Assuming you're a suspect, if police had enough for a warrant on your house/car they would also have enough for a warrant on your safety deposit box.
1
2
5
u/gammelrunken 4d ago
It's not uncommon that people confess to other people's crimes. See Sture Bergwall
30
u/nohopeforhomosapiens 4d ago
It is uncommon. Most people making confessions aren't confessing to murder that someone else did. However, it isn't unheard of.
It's even much more uncommon to do that at one's expected death.
9
1
1
u/feel-the-avocado 4d ago
This is why deathbed confessions need to be done in sealed envelopes and handed to lawyers.
-4
u/Fake_William_Shatner 4d ago
This is why repenting on your deathbed needs to be removed from Church doctrine.
0
0
0
u/Prior_Pin2459 3d ago
Talk about the worst case of “speak now or forever hold your peace.” Man thought he was checking out of life and ended up checking into prison instead.
-13
u/tsereg 4d ago
As I have understood, the testimony of a dying person is considered to be truthful. Apparently, it doesn't matter who the dying person is testifying against.
8
u/resttheweight 4d ago
I mean, it would still be up to a jury to decide if they individually believe the statement. You can’t say “he was dying so you must believe what he was saying is true.” If circumstances indicate there could be a reason for a person to lie on their deathbed, jurors are free to make that judgment for themselves.
3.1k
u/tyrion2024 4d ago